When you’re working through mental health or addiction issues that cause you to miss work, it can be hard to know what you should do. And when you can return to work, you may need ongoing treatment through appointments or therapy sessions. Especially for LGBTQ+ employees, it’s easy to feel concerned about protecting your privacy as you talk with employers about your recovery needs.
Stay with us as we unpack which workplace rights protect LGBTQ+ individuals in recovery.
Look to the ADA for Legal Protections
You can turn to the Americans with Disabilities Act (ADA) for guidance and protection when you’re returning to work. The ADA stipulates that companies cannot discriminate against you if you have mental health challenges or substance abuse disorders.
You may have a condition that directly impacts your capacity to work. Your company should work to accommodate you as you seek therapy or other forms of help, and you don’t have to disclose your exact diagnosis to your employer.
An employer may need to allow you time away from work to attend support group meetings, for instance. Or they may need to allow remote work to help aid in your recovery so you’re not exposed to sources of stress in the workplace. How a company accommodates your needs will depend on the field and type of work you do.
Consider FMLA Eligibility
If you have worked in your job for at least a year, you could be eligible for leave through the Family and Medical Leave Act (FMLA). FMLA ensures that you can step away from your job for 12 weeks each year without fear of losing it. While this time is unpaid, it can be helpful as you manage different phases of your recovery.
You’ll need to look at requirements for eligibility with your employer. Generally, businesses must have at least 50 employees. And you’ll need to have completed 1,250 hours of work.
If you meet the requirements, FMLA can give you time to plan appointments or attend focused sessions that can enhance your recovery. You don’t need to use all of your 12 weeks at once, either, if it’s more helpful to take off separate chunks of time.
Take the Appropriate Next Steps
You’ll need to be in open communication with your workplace’s HR team as you work through recovery. You don’t have to divulge personal details about hospital visits or therapy sessions. But you may need to provide documentation to validate your requests.
Additionally, plan on seeking guidance from reputable resources beyond your workplace. For instance, you can seek sober living employment support during recovery so you’re ready to return to the workforce. Whether you need skills coaching, help dealing with workplace stress, or assistance with career planning, you can find it with the right support community.
Work Toward Recovery
Managing appointments and the emotional stress that come with recovery can make returning to work seem hard. But when you engage openly with your employer, look into FLMA, and understand ADA regulations, you can move forward with a work schedule that considers your needs. And if you’re LGBTQ+, it’s especially important to surround yourself with the right supports.
Thankfully, when you know your workplace rights, you can return to work while in recovery.
